VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01044
Package ID: USCOURTS-cofc-1_17-vv-01044
Petitioner: Ruth Turner
Filed: 2017-08-02
Decided: 2018-09-26
Vaccine: influenza
Vaccination date: 2016-10-03
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 74038

AI-assisted case summary:
Ruth Turner filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccination in her left deltoid on October 3, 2016. The respondent conceded entitlement to compensation, agreeing that her medical course was consistent with SIRVA. The respondent noted that she had no recent history of shoulder pain or dysfunction, that the pain occurred within 48 hours after the vaccination, was limited to the injection site, and no other condition could explain the pain. The respondent further stated that she suffered residual effects for more than six months and satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on April 24, 2018, finding her entitled to compensation. Subsequently, on July 2, 2018, the respondent filed a proffer recommending an award of $74,038.09, which included $72,500.00 for pain and suffering and $1,538.09 for past out-of-pocket medical expenses. Petitioner agreed with this proffered award. The Chief Special Master issued a decision awarding damages on September 26, 2018, granting a lump sum payment of $74,038.09 to Ruth Turner.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01044-0
Date issued/filed: 2018-08-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/24/2018) regarding 22 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01044-UNJ Document 33 Filed 08/22/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1044V
Filed: April 24, 2018
UNPUBLISHED
RUTH TURNER,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH AND Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On August 2, 2017, petitioner filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine
Act”). Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”) as a result of an influenza vaccination she received in her left
deltoid on October 3, 2016. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On April 23, 2018, respondent filed his Rule 4(c) report in which he concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent states that medical personnel at the Division of Injury
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2012).

Case 1:17-vv-01044-UNJ Document 33 Filed 08/22/18 Page 2 of 2
Compensation Programs, Department of Health and Human Services, have reviewed
the petition and medical records and “concluded that compensation is appropriate in this
case.” Id. at 1. Respondent agrees that “petitioner’s medical course is consistent with a
[SIRVA] . . . petitioner had no recent history of pain, inflammation, or dysfunction other
left shoulder, pain occurred within 48 hours after receipt of an intramuscular vaccination,
pain was limited to the shoulder where the vaccine was administered, and no other
condition or abnormality . . . has been identified to explain petitioner’s shoulder pain”.
Id. at 4. Respondent states that “petitioner suffered the residual effects of her condition
for more than six months . . . . [and] has satisfied all legal prerequisites for
compensation under the Act.” Id.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01044-1
Date issued/filed: 2018-09-26
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 07/03/2018) regarding 30 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01044-UNJ Document 34 Filed 09/26/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1044V
Filed: July 3, 2018
UNPUBLISHED
RUTH TURNER,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Influenza (Flu) Vaccine; Shoulder
v.
Injury Related to Vaccine
Administration (SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On August 2, 2017, petitioner filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine
Act”). Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”) as a result of an influenza vaccination she received in her left
deltoid on October 3, 2016. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On April 24, 2018, a ruling on entitlement was issued, finding petitioner entitled to
compensation for her SIRVA. On July 2, 2018, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $74,038.09, comprised
of $72,500.00 for pain and suffering and $1,538.09 for past out of pocket medical
expenses. Proffer at 1. In the Proffer, respondent represented that petitioner agrees
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2012).

Case 1:17-vv-01044-UNJ Document 34 Filed 09/26/18 Page 2 of 4
with the proffered award. Based on the record as a whole, the undersigned finds that
petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $74,038.09 (representing $72,500.00 for pain
and suffering and $1,538.09 for past out of pocket medical expenses) in the form
of a check payable to petitioner, Ruth Turner. This amount represents
compensation for all damages that would be available under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:17-vv-01044-UNJ Document 34 Filed 09/26/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_________________________________________
)
RUTH L. TURNER, )
)
Petitioner, )
) No. 17-1044V
v. ) Chief Special Master Dorsey
) (ECF)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
On April 23, 2018, respondent conceded that entitlement to compensation was
appropriate under the terms of the Vaccine Act. On April 24, 2018, Chief Special Master Dorsey
issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for
her Shoulder Injury Related to Vaccine Administration (“SIRVA”). Based upon the evidence of
record, respondent proffers that petitioner should be awarded $74,038.09. The award is
comprised of the following: $72,500.00 for pain and suffering; and $1,538.09 for past out-of-
pocket medical expenses. This amount represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $74,038.09, in the form of a check payable to petitioner.1 Petitioner
agrees.
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future pain and
suffering.

Case 1:17-vv-01044-UNJ Document 34 Filed 09/26/18 Page 4 of 4
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/Claudia B. Gangi
CLAUDIA B. GANGI
Senior Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4138
Email: claudia.gangi@usdoj.gov
Dated: July 2, 2018